12 Federal Lawsuits V. Joliet Police: Soaring Outside Legal Fees

JOLIET, IL — The Joliet Police Department remains entangled in at least a dozen ongoing federal lawsuits and the ongoing legal expenses to defend the city in those pending lawsuits has reached at least $770,000, an extensive Joliet Patch analysis found.

In August, Joliet Patch submitted a Freedom of Information Act request to the city of Joliet seeking records pertaining to all federal lawsuits naming Joliet police officers as defendants in civil rights litigation matters. Two of the lawsuits are fairly new so the city of Joliet has not incurred any outside legal expense in defending those cases as of mid-August.

There are three out of town law firms that have made several thousands in defending the city of Joliet in these ongoing lawsuits against the Joliet Police Department, Joliet Patch determined.

The three outside firms are: Clark, Baird Smith in Rosemont, Ill., Tressler LLP headquartered in Chicago, and Hervas, Condon & Bersani in Itasca.

Tressler has already submitted $250,000 in legal bills and costs for its ongoing legal defense of Joliet Police Officer Adam Stapleton and fellow officer Eric Zettergren stemming from Jeff Tomczak's excessive force lawsuit on behalf of his client, James Pacheco.

Pacheco was shot several times in his upper lip, elbow and arm by Officer Stapleton after Pacheco was stopped by a train during the overnight hours of July 30, 2012 on Joliet's East Washington Street. Tomczak maintains that Stapleton was out of line to shoot his client, whose criminal convictions were overturned last year by an Illinois court of appeals.

"When they pull the trigger of that gun, there has to be no room for error. No room for overreaction. No chance that that’s an unjustified shooting,” remarked Tomczak on his law firm's website discussing Pacheco's civil rights lawsuit.

Tomczak is seeking a jury verdict in the range of several million dollars. Officer Stapleton is the key Joliet Police Department defendant in two of the 12 ongoing federal lawsuits against Joliet.

In the summer of 2019, Stapleton emerged from his squad car and tackled a Black woman from Joliet, Konika Morrow, an incident that sparked outrage within Joliet's Black community at the time. Stapleton hauled her away in handcuffs on obstruction of justice charges. Morrow's criminal charge has yet to go trial at the Will County Courthouse.

In July 2019, Morrow told Joliet Patch that Stapleton "jumped out of the car. I'm tackled out of nowhere by this officer after he pulls up. I just felt being taken off my feet. My face hit the ground. He flings me over and I was like, 'Why the hell is this happening?'"

Of the 12 pending Joliet Police federal lawsuits, four were filed by members of the police department. Joliet Patch has produced numerous articles since 2018 highlighting how the Joliet Police Department has been embroiled in turmoil. Many of the employment and morale problems started when Brian Benton was chief of police, but the employment tensions have continued since Al Roechner was promoted to chief in August 2018.

Related: Joliet FOP Fed Up With Roechner, Letter Shows

Here's a rundown of the ongoing federal lawsuits involving Joliet police officers. All of these cases have yet to go trial or have yet to reach an out of court settlement:

1. Case: Plaintiff is Nicole Lurry, widow of Joliet police detainee Eric Lurry, federal lawsuit filed Aug. 3 by Erickson & Oppenheimer attorney Abby Bakos.

Defendants: City of Joliet, Joliet Police Officers Andrew McCue, Jose Tellez, Sgt. Doug May and Lt. Jeremy Harrison

Lawsuit summary: "Defendants knew that Eric Lurry had a serious medical need because they observed the behavior ... and were deliberately indifferent to that need. Despite this knowledge, Defendants failed to summon immediate medical attention for Mr. Lurry. Defendants' failure to provide Mr. Lurry with immediate medical care under these circumstances, constitutes deliberate indifference. As a direct result of such conduct, Eric Lurry died."

City of Joliet's legal costs: No legal bills as of mid-August. However, lawsuit was just filed.

2. Case: Plaintiff is Konika Morrow, federal lawsuit filed June 30, by attorney Victor Henderson of Henderson Parks in Chicago.

Defendant: city of Joliet, Officers Adam Stapleton, Alan Vertin and Sgt. Javier Esqueda.

Lawsuit summary: "The criminal complaint filed against Ms. Morrow states that Ms. Morrow "obstructed the performance of Joliet Police Department Police Officer Alan Vertin. Defendants agreed, upon information and belief, to cover up Officer Stapleton's wrongful takedown of Ms. Morrow by creating a false report and charging Ms. Morrow. As a result of Officer Stapleton's takedown, Ms. Morrow suffered a tear in her meniscus, which will require surgery and rehabilitation."

City of Joliet's legal costs: No legal bills as of mid-August. However, lawsuit was just filed.

3. Case: Plaintiff is Joliet Police Detective David Jackson, a 25-year member of the Joliet Police Department. His federal lawsuit was filed Nov. 4, 2019 by attorneys Stacey Vucko and Joseph Vucko, of Vucko Law in Oak Brook.

Defendants: City of Joliet, Joliet Police Department, Chief Al Roechner, then-deputy chief John Perona, deputy chief Joe Rosado, three others including Frank Baloy, owner of Joliet's Zobel's Tavern.

Lawsuit summary: "Jackson's is also a race discrimination case and unfortunately, it is only the tip of the iceberg," writes Jackson's lawyers. "The Joliet Police Department's anti-black culture and history of retaliation dates back over twenty years."

City of Joliet's legal costs: Clark, Baird Smith, a Rosemont, Ill., law firm, has already billed $56,479 for its work defending Joliet in Jackson's discrimination lawsuit.

4. Case: Plaintiff Christopher Simenson, lawsuit filed Jan. 26, 2018 by attorney Ian Barney of the Winnetka law firm of Barney & Hourihane.

Defendants: city of Joliet, Joliet police officers Nick Crowley and Dwayne Weis.

Lawsuit summary: "Defendant Crowley told plaintiff that plaintiff was going to the hospital in the ambulance. Plaintiff verbally refused, stating that he was fine, that he was not suicidal, that the whole thing was a misunderstanding and that his mother would be there shortly to pick him up ... as defendant Crowley forcibly placed plaintiff's hands behind his back, he slammed plaintiff's face first onto the rear bed of the ambulance. As plaintiff was slammed onto the rear bed of the ambulance, plaintiff's face struck the corner of a metal gun box ... the impact split plaintiff's face open just under his eye, and plaintiff began to bleed heavily."

City of Joliet's legal costs: The Itasca law firm of Hervas, Condon and Bersani has already billed the city $57,697 for its work defending Joliet in Simenson's lawsuit.

5. Case: Plaintiff Lionel Allen, now-retired Joliet police officer, racial discrimination lawsuit filed June 12, 2018 by Chicago attorney Julie Herrera. Allen's current lawyer is Aaron Rapier of the Rapier Law Firm in Naperville. Allen retired from the department in August 2019.

Defendants: Joliet police chief Brian Benton, now retired; Joliet Police Lt. Marc Reid, now deputy chief of investigations; and city of Joliet.

Lawsuit summary: On June 16, 2016, Chief Benton told Allen he would not be fired if he chose to withdraw his EEOC complaint, "agree not to file any future charges, signed a 'last chance agreement' and took a 15-day suspension. Allen accepted the discipline to stay employed," his lawyer states. "Thereafter, he was suspended for 15 days. Allen attempted to withdraw his charge at the EEOC, but the EEOC recognized that the city of Joliet was engaging in unlawful retaliation, so they did not dismiss the charge."

City of Joliet's legal costs: Clark, Baird Smith has already billed $91,738 for its work defending Joliet in Allen's discrimination lawsuit.

6. Case: Plaintiff Milbert Waters false arrest lawsuit filed Oct. 3, 2018, by Chicago attorney Brandon Brown and attorney Stephon Wilson of Law Office of Stephon Wilson, in Chicago.

Defendants: Joliet officers Nicholas Crowley, Arthur Arellano and city of Joliet.

Lawsuit summary: "On Aug. 7, 2016, Milbert Waters was arrested and charged with driving under the influence ... As the plaintiff was being arrested, he was not violating any traffic laws ... there was no probable cause or legal justification to arrest plaintiff on Aug. 7, 2016 ... After spending approximately six months in custody awaiting trial, the criminal proceedings against the plaintiff were subsequently dismissed in a manner indicative of the plaintiff's innocence ... at the time that the plaintiff was arrested, the defendant officers knew that there was no probable cause or legal justification to arrest the plaintiff."

City of Joliet's legal costs: The Itasca, Ill. law firm of Hervas, Condon and Bersani has already billed the city $27,193 for its work defending Joliet in Waters' lawsuit.

7. Case: Plaintiffs Kendrick Pruitte and Cierra Black, excessive force and false arrest lawsuit filed Aug. 11, 2018 by attorney Jeffrey Grossich of The Blake Horwitz Law Firm in Chicago.

Defendants: city of Joliet, police officer William Otis and unknown officers.

Lawsuit summary: On Aug. 13, 2017, Black and Pruitte pulled to the side of the road, believing their car engine was overheating. Officer Otis pulled over, exited his squad car, pointed a gun at them and yelled, "Freeze! Don't move (racial slur) or I'm going to kill you! I will kill you! Do not move! Plaintiff Pruitte responded, "Sir, I am not going to move ..." The lawsuit states that other officers arrived and helped Otis place the two in handcuffs in the backseat of a squad car. However, several minutes later, Pruitte and Black were released and no charges were filed against them although their vehicle was towed from the scene. "Defendant unknown officer told the plaintiffs that if they tried to file a civil lawsuit, the defendant officers would make sure plaintiff Pruitte was charged with a crime."

City of Joliet's legal costs: The Itasca, law firm of Hervas, Condon and Bersani has already billed $23,412 for its work defending Joliet in Pruitte and Black's lawsuit.

8. Case: Plaintiff, Joliet Police Officer Cassandra Socha filed Aug. 21, 2018, by Chicago attorney Hall Adams accusing Joliet's police administration of violating Socha's 14th Amendment Rights to privacy by submitting a false search warrant to gain access to Socha's private cell phone.

Defendants: city of Joliet, Joliet Police Sgt. Ed Grizzle, 1-2o John Does

Lawsuit summary: The suit accuses Grizzle of obtaining her iPhone and finding nude photos and graphic videos on it, all with the intent of smearing her reputation and humiliating her. The lawsuit alleges that Grizzle obtained an improper search warrant for Socha's cell phone during Crowley's criminal trial in May 2018 at the Will County Courthouse.

City of Joliet's legal costs: Tressler LLP, a national law firm based in Chicago, has already billed $57,286 for its work defending Joliet in Officer Socha's lawsuit against the police supervisors accused of orchestrating a revenge porn scheme against her.

9. Case: Plaintiff, Joliet police Sgt. David Mueller, lawsuit filed Nov. 2, 2017 by attorney Dana Kurtz of Kurtz Law Offices in Hinsdale, alleges violation of the Uniformed Service Members Employment and Reemployment Act.

Defendants: city of Joliet, police chief Brian Benton, now retired; deputy chief Ed Gregory, now retired.

Lawsuit summary: Mueller received notice that he would serve full-time in the National Guard from May 9, 2016, through Sept. 30, 2016. On June 15, 2016, Benton sent Sgt. Mueller an email stating that during Mueller's time of military leave, Mueller would be put on unpaid leave from the Joliet Police Department, and Mueller would not accrue leave time such as vacation and personal days. "Plaintiff was forced to choose between being in an unpaid leave or use his accrued benefit time, including vacation and personal days, in violation of the IMLAA and USERRA."

The lawsuit also states that Deputy Chief Ed Gregory called Sgt. Mueller into his office in May, 2016 and "yelled and belittled plaintiff stating that he was f****** over the department by leaving and trying to double dip on pay."

City of Joliet's legal costs: Clark Baird Smith, a Rosemont law firm, has already billed $89,419 for its work defending Joliet in Sgt. Mueller's lawsuit.

10. Case: Plaintiff Constance Waterworth, mother of Christ Sam Messino, wrongful death lawsuit filed by attorney Charles Morrissey of Morrissey & Donahue in Chicago.

Defendants: city of Joliet, police officers William Otis and Von Stein.

Lawsuit summary: Otis and Stein are accused of having "provided false statements in written reports, testimony in front of the grand jury and other evidence" regarding the circumstances that precipitated their traffic stop and arrest of Messino, who was released from jail on bond two days after his arrest. Messino later went to the Will County Community Health Center and was treated by three different doctors for symptoms of anxiety and hypertension as a result of his pending criminal case. "Plaintiff's decedent never suffered from high blood pressure or hypertension prior to his wrongful arrest and detention, and, as a result of those conditions caused by the unconstitutional police misconduct on July 6, 2015, died on May 4, 2016 as a result of the heart attack," the federal lawsuit argues.

City of Joliet's legal costs: The Itasca, law firm of Hervas, Condon and Bersani has already billed the city $72,743 for its work defending Joliet in Waterworth's lawsuit.

11. Case: Plaintiff Dae Roberson, false report, excessive force and failure to intervene lawsuit filed Aug. 24, 2017 by attorney Gregory Kulis of Gregory E. Kulis & Associates in Chicago.

Defendants, city of Joliet, Joliet police officers Kent Liebermann, Matthew Campos, Eric Zettergren, Christopher Botzum, Hollis Weller and Mark Soustek.

Lawsuit summary: On Sept. 19, 2016, plaintiff was walking near Benton Street and Youngs Avenue in Joliet, not committing any crime or breaking any laws. Officer Liebermann and other officers conducted a stop of Roberson and "the plaintiff and a couple of the defendants had words. Liebermann and other officers seized the plaintiff and threw him against a fence. One or more of the officers beat the plaintiff, Dae Roberson." The lawsuit argues the use of force was unjustified, unprovoked and excessive. Roberson was then arrested and "to cover for their actions and use of force the plaintiff was charged with aggravated battery and resisting arrest." At his jury trial on Dec. 15, 2016, Roberson was found not guilty of both charges. "As a result of the actions of the defendants, the plaintiff Dae Roberson suffered fear, humiliation, monetary loss, emotional distress and anxiety," Roberson's lawsuit contends.

City of Joliet's legal costs: The Itasca, Ill. law firm of Hervas, Condon and Bersani has already billed the city $54,118 for its work defending Joliet in Roberson's lawsuit.

12. Case: James Pacheco, lawsuit filed July 23, 2013 by attorney Jeff Tomczak of Joliet's Tomczak Law Group, accusing Joliet police of excessive force, battery and malicious prosecution. Pacheco was shot five times by Officer Stapleton during a traffic stop on Joliet's east side. He was later convicted of aggravated assault, aggravated fleeing and DUI, but in 2019, an Illinois appeals court overturned Pacheco's convictions.

Defendants: city of Joliet, officer Adam Stapleton, officer Eric Zettergren.

Lawsuit summary: "In an attempt to provide a justification for the use of deadly force against James, defendants Stapleton and Zettergren falsely accused James of attempting to run over the officers with his vehicle during the attempted traffic stop of James. Defendants Stapleton and Zettergren made false statements to the investigating officers and created false reports to support their false allegations that James had attempted to run over the officers with his vehicle ... The defendants' use of deadly force in an attempt to effectuate the traffic stop of James was unreasonable and excessive under the circumstances and a violation of the constitutional rights of plaintiff."

City of Joliet's legal costs: Tressler LLP, a national law firm based in Chicago, has already billed $250,685 for its work defending Joliet in Pacheco's excessive force lawsuit.